Tuesday, March 17, 2020

How Do You Expunge a Felony?

Expungement is the act of striking out, obliterating, or marking something for deletion. In legal processes, what is expunged is a person’s criminal records, treating these records as if they did not at any time in the past exist. Arizona does not have a true expungement statute, as in some other State. Arizona has a “Set Aside” statute. If the court has cleared you of all charges, or you have served your time and paid the fines stated in your sentence, it is only just that the system allows you to get a fresh start. Hiring a Criminal Lawyer to Represent You

Requirements

There are specific criteria to meet before once can file a petition to set aside a conviction. These criteria may include:
  • Satisfying terms of conviction (jail time, fines, restitution, etc.)
  • Providing evidence of clean record after a conviction
  • Showing the court evidence of rehabilitation and contribution to the good of society (volunteer work, education, employment, etc.)
  • Although there is no statutory time frame, many courts may have a waiting period from the completion of all the terms of the conviction before it will entertain a set-aside.
Generally, the petition is filed with the particular court where the criminal case was heard and decided.

Expunging a Criminal Record in Arizona

Technically, AZ law does not provide for an expungement of criminal records. One’s records will stay in the books until he/she reaches the age of 99, even if probation terms have already been met. Check Ariz. Admin. Code R13-1-102 (2018). However, one who is seeking an expungement may opt for a judge to “set aside” their conviction, where some of the benefits of a full expungement can also be acquired. At the very least, the judge will void your conviction. As part of the court’s decision, the judge must be convinced that it is in the best interest that your conviction is set aside. Furthermore, the judge must have a strong belief that approving the petition is “consistent with the public welfare.'' However, voiding your conviction does not mean the charge and the conviction you received will be deleted from the records. Your future employer might want to check on you, and if he does check on your criminal records, he would see the set-aside order that specifies that you were able to fulfill your probation or sentence terms, that the court vacated your conviction, and that the charges filed against you have been dismissed. Certain conditions disqualify a person from having their petition approved, such as:
  • Commission of a dangerous offence
  • Commission of a crime where you were required to register as a sex offender
  • Conviction where the offence involves a “finding of sexual motivation” - “Finding of sexual motivation” means that one of the purposes for committing the crime was sexual gratification
  • Offence committed against a person under 15 years old
  • Certain driving offences

Process of Felony Expungement

There are fees to pay to the court, and courts usually post the payment details on their websites. If you have multiple criminal cases, you will have to pay for each separately. Following your application, the prosecutors involved in your case will be notified about your intent. Whether or not an objection from them is raised, the judge will proceed and decide on the application to set aside without a hearing. Therefore it is important to present the request with all the information needed to give the judge reason to grant the application. Filing out the form for the set aside is not enough. It is important to get letters from employers, friends and family about how much your life has been turned around and your road toward rehabilitation. The judge needs to know how important it is that the set aside to be granted for you. Without it, you may lose the chance to gain employment and lose future opportunities that will come your way. The judge will decide either in favor of set aside, which means your conviction will be rendered void or against it, which, in this case, means that your request is denied.

Robert A. Dodell, Attorney at Law – Get Legal Help

The rules for setting aside criminal records in Arizona are complicated. To learn more about it, get help from Robert, an experienced criminal defense , bringing in over 30 years of solid practice in every legal case that he handles - fervently defending his clients’ rights.

How Do You Expunge a Felony? is available on www.azcrimlaw.com robert a dodell attorney How Do You Expunge a Felony? first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m

Wednesday, March 11, 2020

Can I Have My Gun Rights Restored?

Most states have similar gun rights provisions in their laws, with slight variations from state to state. Provisions in the law for gun right restoration after a felony is usually discussed in a section titled “certificate of rehabilitation” or “restoration of rights”. Criteria for restoration is not a strict one. Generally, there should only be one felony conviction, and it is not considered a serious offence. The felony sentence will need to have been completed,  whether the sentence was prison or jail or probation. You must have paid all your court fees and restitution, and lived an irreproachable life ever since. My Gun Rights Restored Then, you can ask the court that sentenced you “guilty beyond a reasonable doubt”, and if the circumstances favor you, with the help of a criminal lawyer in weapons charges, the court may restore your gun rights.

Gun Rights Laws in Arizona

Arizona law provides two ways for felons to receive the gun right restoration.
  • If the offence is “not serious”
You petition the court after the completion of probation, or the date absolute discharge from incarceration to restore your rights.
  • If the offence is a “serious” offence defined under Class 6 felony 13-604 (first- or second-degree murder, and aggravated assault that results in serious physical injury, sexual assault, manslaughter, armed robbery, kidnapping, etc.)  You can ask the court for restoration of your 2nd Amendment rights 10 years after release from prison or completion of probation.
  • Note: If the conviction is for a “dangerous” felony offence, you cannot ever restore your gun rights. In Arizona, “dangerous offence” as defined by the Arizona Revised Statutes § 13-105(13), involves “the use, discharge, or threatening display of a deadly weapon or instrument or the intentional infliction of serious physical injuries on another person”.

Common Pitfalls to Gun Rights Restoration

The following conditions may cause a denial of your request to restore your gun rights:
  • A conviction due to a serious offence calls for a 10-year wait period after release from prison or end of probation. Any request for gun rights restoration filed short of the required wait period will be denied.
  • Approval or denial of requests may also depend on the nature of the offence.
  • In the case of multiple priors or subsequent priors, it could be difficult for the convict to convince the court to grant his motion.
  • Another reason for denial is unpaid fines or restitution. Satisfying this requirement might sound easy, but many offenders trying to meet this requirement might find it to be the hardest to fulfill. Depending on the state, the fines can be exorbitantly high, and that is true with Arizona.  In Arizona, until you pay to the last cent you will not even be eligible to file a motion for your conviction to be set aside.
If your application is denied, you can ask your lawyer about the best way to proceed. There are options including refiling immediately with more information and allowing more time to pass before refiling.

How to Choose the Right Attorney for Gun Rights Restoration

Prosecutors representing the government may object to a motion for restoration even for non-violent crimes. This is why you need a lawyer to fight for your rights to the end. When looking for the right lawyer, ask these questions:
  • Are the lawyer’s experience and background sufficient for your legal fight to have your rights restored?
  • Do you think he is someone you will feel comfortable working with?
  • Do you feel comfortable with the fees and how they are structured?
It is in your best interest to get a lawyer’s service. The attorney will make sure that the process is properly done the first time - This translates to a higher chance of succeeding to secure your gun rights again and prevent unnecessary delays

Robert A. Dodell, Attorney at Law

Robert is one of the best lawyers you can find in AZ. He has over 30 years of experience practicing criminal law and handling thousands of cases. He will defend your rights and prove that it is just that your gun rights be restored.

Can I Have My Gun Rights Restored? is courtesy of Robert A. Dodell Can I Have My Gun Rights Restored? first appeared on:

Robert A. Dodell, Attorney at Law - Serving Scottsdale, Tempe & Mesa, AZ

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

httpss://goo.gl/maps/diwY4pu8X5m